RAJEEEV KUMAR YADAV Vs. STATE OF NCT DELHI

JUDGEMENT

(1.) The present bail application has been filed by the petitioner under Sec. 438 Cr.P.C. seeking anticipatory bail in case FIR No. 268/2018 under Ss. 420/468/471/120B IPC registered at Police Station Lajpat Nagar.

(2.) Learned counsel for the petitioner submitted that petitioner has been falsely implicated in the present case. He further submitted that the petitioner has joined the investigation in response to the notice issued under Sec. 41A Cr.P.C. to him. He further submitted that petitioner has not been named in the FIR and he is neither directly nor indirectly involved in the present case, moreover, he has been implicated in this case solely on the basis of the disclosure statement of the co-accused, namely, Rajendra Mehto. He further submitted that petitioner has not received any amount and he has never met with the complainant.

(3.) On the other hand, learned ASC for the State, at the outset, submitted that the allegations against the petitioner are grave and serious in nature and in a well hatched conspiracy with his co-accused persons, he has cheated the complainant to the tune of Rs.48.00 lacs for getting six (06) persons employed in SAIL. She further submitted that though the petitioner has joined the investigation, but he throughout the investigation remained evasive and has not given proper replies to the queries raised. She further submitted that the proceedings under Sec. 82 Cr.P.C. have already been initiated against him. She further submitted that during the interrogation, Rajendra Mehto, one of the coaccused persons, had disclosed that the cheated amount was obtained in the name of Narender Singh Tomar by one Prakash Paswan with the help of the present petitioner by using fake documents. She further submitted that petitioner was working in Bokaro Steel and all the forged documents related to SAIL were created by the petitioner and co-accused Prakash Yadav and all these documents were signed by the present petitioner She further submitted that fake stamps were also arranged by the petitioner. She further submitted that the petitioner along with other conspirators has even got these candidates, who were alleged to be appointed by them in SAIL, medically examined in General Hospital, Bokaro and in fact this medical examination was also a farce. She further submitted that even fake appointment letters were issued to these candidates and when these candidates enquired about their appointment in SAIL, no record of their appointment was found there, furthermore, all the medical documents and joining letters issued by the petitioner and his associates were forged and used as genuine to induce the complainant and his friend and in the said process, they defrauded these candidates in the name of providing employment in SAIL. She further submitted that petitioner has introduced himself to the complainant as Abhishek that is why his name is not featuring in the FIR but he has been identified by the complainant whom he used to meet as Abhishek.